Order No. 1991-R-374
July 16, 1991
IN THE MATTER OF an application by the City of Saint-Hubert pursuant to subsection 16(1) and all other relevant sections of the Railway Safety Act, R.S.C., 1985, (4th Supp.), c. 32 for a determination of the proportion of the relocation costs to be borne by each party in respect of the protective devices at the crossing of Maricourt Boulevard, at mileage 39.87 Rouses Point Subdivision of the Canadian National Railway Company, in the City of Saint-Hubert, in the Province of Quebec.
R 8050/628-039.87
WHEREAS by National Transportation Agency Order No. 1991-R-49 dated January 31, 1991, the applicant was authorized to reconstruct Maricourt Boulevard, by widening it where it crosses at grade the track of the railway company, at the above-noted location;
AND WHEREAS as a result of the widening of this crossing, the protective devices need to be relocated;
AND WHEREAS the railway company refuses to contribute towards the relocation costs of the protective devices;
AND WHEREAS by Council resolution dated February 5, 1991, the applicant applied to the Agency pursuant to subsection 16(1) of the Railway Safety Act for a determination of the relocation costs of the protective devices at this crossing;
AND WHEREAS the Agency is of the opinion that as the applicant derives the benefit from the widening of Maricourt Boulevard, it should assume 100 percent of the relocation costs of the protective devices;
AND WHEREAS the Agency has reviewed the submissions filed.
NOW THEREFORE, IT IS ORDERED THAT:
- The cost of relocating the protective devices shall be paid by the applicant.
- The railway company shall prepare all accounts using rates not in excess of those stipulated in Schedule "A" entitled Directives, attached to Agency Order No. 1991-R-52 dated February 1, 1991, or its replacement, for all construction and maintenance work carried out by the railway company under this Order.
- Date modified: